Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Holland, MI
Ottawa County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
Zoning Map New Laws (7) Index Notes (18)
[Ord. No. 883]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
DRUMMER
Any person engaged in the business of taking orders or making contracts for the purchase of goods, wares or merchandise for future delivery or any person who shall employ a representative, agent or crew or representatives or agents to engage in such activity. The term "drummer" shall not include any person engaged in the business of selling at retail if done by prior appointment.
PEDDLER
A person over the age of 17 years engaged in the business of selling at retail any goods, wares, merchandise or services, or taking orders or making contracts for the purchase and immediate delivery thereof, except when such activity is conducted from a fixed place on private property within the City. Peddling shall also include any person engaged in selling or exposing for sale any goods, wares, merchandise or any kind of property or thing from any cart, vehicle or other device upon the streets or public places of the City. The term "peddler" shall also include any person who shall employ a representative, agent or crew of representatives or agents to engage in such activity. The term "peddler" shall not include any person engaged in the business of selling at retail if done by prior appointment.
[Code 1955, § 7-5.1; Ord. No. 883]
(a) 
No person shall engage in peddling unless he or she has first secured a license to peddle from the City Clerk, in the manner provided in this article and in Chapter 17 of this Code. Any license issued to an agent or representative shall be valid and in effect only so long as the license of the employer remains in full force and effect.
(b) 
No person shall engage in drumming without first providing the City Clerk with the following information:
(1) 
The full name of the person taking orders or making contracts.
(2) 
Such person's permanent address, business address and local address.
(3) 
The full name and address of the person's employer and a general list of the types of goods, wares or merchandise to be delivered.
(4) 
The full name and address of the person who will supply the goods, wares or merchandise.
(c) 
Any physically handicapped peddler, any person offering for sale any products of his or her own farm or any person peddling for a religious organization, educational institution or nonprofit community service organization which receives the entire proceeds of sales made shall be exempted from the payment of fees for licenses issued under this article if he or she can establish the fact upon which he or she bases his or her claim of such exemption to the satisfaction of the City Clerk. Each such person shall submit an application for a license hereunder and shall be subject to all other provisions of this article as if such person had obtained a license and paid the fee required for the same.
(d) 
A peddler or drummer need not obtain a license or register with the City if the peddling or drumming is accessory or incidental to a business conducted at a fixed place within the City.
[Code 1955, § 7-5.2; Ord. No. 883]
The application for a license under this article shall contain, in addition to the information required by Chapter 17 of this Code, the following items, and any others that the City Clerk may require:
(a) 
The full name, permanent address, business address, local address and age and occupation of the applicant at the time of filing the application;
(b) 
If an agent's or representative's application, the name of the person, firm or corporation represented, together with the address of the central or district office;
(c) 
A list or general description of the articles or services to be sold or offered for sale;
(d) 
The length of time for which a license is desired;
(e) 
The proposed measure of sale, whether by weight, measure, package or otherwise;
(f) 
The proposed method of peddling or vending, whether on foot or by handcart, pushcart or other vehicle.
[Code 1955, § 7-5.5]
The regulations set forth in Sections 24-6 to 24-12 shall be either printed in full on the back of, or attached to, each license issued under this article, and each licensee shall comply with such regulations.
[Code 1955, § 7-5.4; Ord. No. 883]
The Department of Community and Neighborhood Services may require an applicant who proposes to peddle anything to be used as food to submit to the Department of Community and Neighborhood Services for examination a medical certificate obtained from a physician who is licensed to practice medicine in the state, to the effect that the holder is free from all communicable disease and infectious disease in communicable form and is not a carrier of any such disease. If the Department of Community and Neighborhood Services requests such a certificate, no license shall be issued until the medical certificate has been submitted and is approved by the Department of Community and Neighborhood Services.
[Code 1955, § 7-5.5; Ord. No. 798; Ord. No. 883; 1-3-2018 by Ord. No. 1701]
(a) 
No licensee or drummer under this article using any cart, wagon, truck, automobile or other vehicle in peddling or drumming under the provisions of this article shall occupy the street or sidewalk in such manner as to interfere with or interrupt travel, or when stopping his or her vehicle upon the streets or public places in the City for the purpose of selling or offering for sale any goods, wares or merchandise, shall stop otherwise than parallel with and within one foot of the curbline. No peddler or drummer shall conduct his or her business in front of or next to any premises for a longer period of time than 10 minutes.
(b) 
No person shall engage in peddling or drumming at any time on the following streets:
(1) 
Seventh, Eighth and Ninth Streets between Van Raalte and Fairbanks Avenues, and the avenues or streets between those streets.
(2) 
Tenth and Twelfth Streets between Central and River Avenues.
(3) 
River and Central Avenues between Ninth and Twelfth Streets.
(c) 
In addition, no person shall engage in peddling or drumming during the week of Tulip Time on Van Raalte Avenue from Lake Macatawa to 28th Street.
(d) 
Notwithstanding the above, a licensed peddler who is contracted by the Holland Tulip Time Festival, Inc., may engage in peddling bottled water and pre-packaged snacks in the bleachers along Eighth Street and along Van Raalte Avenue during any event organized, coordinated, or administered by Tulip Time, and during the one hour before or after such event.
(e) 
For the purposes of this section, peddling and drumming shall not include the sale or distribution of newspapers or periodicals for immediate delivery by individual carriers or at established distribution sites or informational brochures or publications distributed by Holland Tulip Time Festival, Inc., as long as such publication predominately relates to the informational activities of Tulip Time.
[Code 1955, § 7-5.5; Ord. No. 883]
No person shall continue to engage in peddling or drumming on any street, alley or public place in the City when requested by a police officer to refrain therefrom because of congested traffic conditions, evacuation, fire, police investigation, storm damage or other similar reason, when it is necessary to protect the health, welfare and safety of the persons of the City.
[Code 1955, § 7-5.5; Ord. No. 883]
No person shall shout or call his or her wares in a loud, boisterous or indecent manner, or in such a manner as to disturb the public, nor shall any licensee or drummer under this article use any loud or harsh horn or bell or other noisemaking device to call attention to his or her wares or to his or her presence for the purpose of conducting the business or acts for which his or her license was granted.
[Code 1955, § 7-5.5; Ord. No. 1246, 3-24-1999]
No person shall use any weighing or measuring device in the conduct of his or her business, or have in his or her possession any weighing or measuring device, unless such device shall have been examined and approved by the sealer of weights and measures.
[Code 1955, § 7-5.5; Ord. No. 1246, 3-24-1999]
No person shall sell or offer for sale any article or commodity purporting to be in quantities of standard weight or measure, whether or not in original or other packages, unless the same shall be actually of the weight or measure purported.
[Code 1955, § 7-5.5; Ord. No. 1246, 3-24-1999]
No person shall sell or offer for sale any unsound, unripe or unwholesome food, or defective, faulty, incomplete or deteriorated article or merchandise, unless the goods are so represented to prospective customers.
[Ord. No. 1246, 3-24-1999]
A person who violates or fails to comply with Section 24-8 of this article is responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. A person who violates or fails to comply with Sections 24-6, 24-9, 24-10 or 24-11 of this article is responsible for a Class II municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. Each act of violation and each day upon which said violation occurs shall constitute a separate violation.